Reconciling the rules of international humanitarian law with the rules of European human rights law

被引:7
|
作者
Landais, Claire [1 ]
Bass, Lea [2 ]
机构
[1] French Minist Def, Legal Affairs Dept, Paris, France
[2] French Minist Def, Law Armed Conflicts Sect, Paris, France
关键词
European Convention on Human Rights; European Court of Human Rights; European human rights law; extraterritorial armed conflicts; international humanitarian law; right to life; administrative detention;
D O I
10.1017/S1816383116000473
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
States party to the European Convention for the Protection of Human Rights and Fundamental Freedoms that engage in military operations abroad face an increased risk to be held responsible for violations of the Convention, given the relatively recent case law adopted by the European Court of Human Rights. This article examines some of the issues raised by the concurrent applicability of international humanitarian law and European human rights law. It also seeks to identify ways to reconcile these two different, but not incompatible, branches of international law.
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页码:1295 / 1311
页数:17
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